Spouse

06/05/2015

If divorcing, it is important to follow through on proceedings and to update your estate plan. If not, your estranged spouse could go after your estate.

When Kathleen Talerico filed for divorce, she and her husband separated. For three years, Talerico did not follow up on the divorce. Both she and her husband had affairs with other people.

Nevertheless, as is common with many on-again-off-again marital relationships, they remained in each other's lives and talked often.

One night while out at a party, Talerico's boyfriend beat her severely enough to cause internal bleeding in her brain.

She later died at home.

Because she was still married at the time of her death, Talerico’s husband would ordinarily have a right to a portion of her estate. However, as they had been separated a judge found that her husband willfully neglected the marriage and thus was not entitled to a portion of the estate.

What remains unclear about this story is what Talerico herself would have wanted.

Would she have wanted her husband to have a share of her estate?

We will never know for two reasons: First, Talerico did not follow through with the divorce proceedings and, second, in the absence of following through with the divorce she could have made her wishes clear in a properly prepared estate plan.

What this case demonstrates is the benefit to updating your estate plan when you file for divorce.

An experienced estate planning attorney can work in close coordination with your divorce attorney to make sure all of the bases are covered.

12/01/2014

Was James Brown married when he passed away in 2006? The answer to that question is the key to settling Brown's estate, once and for all.

James Brown's will left nothing to his longtime companion, Tomirae Hynie. After Brown passed away Hynie contested the will claiming to be Brown's wife. A recent article in Watchdog Wirereveals some unusual details about this unusual case.

At one point Brown and Hynie did in fact get married. However, that marriage was later voided by law because it was discovered that Hynie was married to another man at the time.

Hynie’s response?

Hynie claims the marriage to the other man was an immigration scam that was never consummated.

Brown later refused to remarry Hynie, but she believes that their original marriage should be upheld as valid. At one point, a settlement was reached in the case giving a portion of the estate to Hynie. However, the South Carolina Supreme Court voided that settlement recently.

The real issue here is whether Hynie was married to Brown when he passed away. If yes, then the fact she was not mentioned in the will is irrelevant. As the surviving spouse, Hynie would be entitled to a “spousal elective share” portion of the Brown estate.

Before she can get that spousal elective share portion of the estate, Hynie must convince the court to uphold a marriage that took place while she was already married to someone else.